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2022 Supreme(Pat) 1008

MADHURESH PRASAD
Abhishek Kumar, S/o Lalan Roy – Appellant
Versus
Union of India – Respondent


Advocate Appeared:
For the Appellant :Mr. Sanjeev Kumar Singh with Mr.Praveen Ranjan, Advocates
For the Respondent: Mr. Pradeep Kumar with Ms. Priyanka Raj Laxmi,Sr. Panel counsel.

JUDGMENT :

Heard learned counsel for the petitioner and learned counsel for the respondent-Union of India.

2. A supplementary counter affidavit (hard copy) has been filed which is taken on record.

3. The petitioner has participated in the process of selection conducted for appointment of Navik (GD). The petitioner has been declared successful at the Stage-I (written Test) and forwarded for being subjected to physical Test (Stage -II). At this stage, documents are also verified. During this process, it emerged that the petitioner has filled up his application form by writing his father’s name as ‘Lalan Roy’. The O.B.C. certificate, in support of his claim for reservation, shows the petitioner’s father name as ‘Lalan Ray’. It is this mismatch in petitioner’s father name which had led to his ouster from the process of selection.

4. Petitioner’s counsel submits that the same is a trivial mistake and inconsequential. In view of the mistake being apparent, the petitioner should not have been ousted from the process of selection as the petitioner’s identity with reference to his father’s name could have been ascertained during verification at the later stage of the recruitment procedure by th

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